Under the direction of The Honorable William McNeal, the tenor of Courtroom 108 of the Sterling, IL, branch of the Whiteside County Courthouse began with less tension on Tuesday, July 23, 2013. The morning marked a First Appearance of Boy-16, the juvenile who admitted starting a Main Street fire on Monday, July 15, in Prophetstown, IL. Things were somewhat less intimidating than his arraignment on Wednesday, July 17.
- No one wept.
- The youth was not in handcuffs and shackles today, although his State Correctional Officer sat near the Defense table of Attorney Mark Holldorf. Boy-16 has been confined to the Mary Davis Home in Galesburg, IL, a secure juvenile detention center, since Tuesday, July 16.
- Spectators included only three reporters, two less than at last week’s arraignment.
- There were more concerned adults: the children’s father, his own father and mother–all Prophetstown residents–the mother and her mother, the mother’s boyfriend, and a pastor. Judge McNeal asked each to be identified.
Then, truly intimidating legal business commenced. Emphatically, Judge McNeal leveled three criminal charges at the boy before him. Prosecutor Carol Linkowski may add additional counts. Bonnie Espey, Victim’s Advocate for Cindy Erics of Prophetstown, was in court but did not speak. Erics owned Cindy Jean’s Restaurant and awakened to see flames in the alley behind her business/residence. She turned in the alarm.
The charges against Boy-16 stated he
- is a juvenile minor who, on Monday, July 15, committed residential arson and knowingly damaged the residence of Cindy Erics.
- knowingly damaged the real property of Cindy Erics without the consent of Cindy Erics.
- committed criminal damage to property recklessly, by means of fire, that damaged the property of Cindy Erics, causing damage that exceeded $100,000.
Next, Judge McNeal cited the defendant’s rights and possible prison time or probation for these charges. Incarceration through the Illinois Department of Juvenile Justice could be for 15 years or until his 21st birthday if convicted of count one. Counts two and three each could involve prison time of seven years.
He might receive a 30-day sentence at Mary Davis or serve a longer time, or Boy-16 could be placed on probation.
The mother and father were informed they may need to reimburse their legal services; the cost to detain their son; installation and daily use fee of his electronic monitoring. The Judge added that Boy-16 may have to make restitution. Prosecutor Linkowski reported fees of $115 per day at Mary Davis.
Prosecutor Linkowski recommended the boy be released to the home of his grandfather with an electronic monitoring device installed. He must be directly supervised; have no friends visit; have no contact with matches/other incendiary devices. He may not leave the premises. The grandparents must allow Court Services to visit and monitor at any time. They must immediately report to Court Services any violations of the terms. When asked how they felt about these requirements, Mom said she is “Okay.” Dad stated, “I agree, Sir.” Grandfather stated, “He’ll be in good hands,” and added Boy-16 has been to the grandparents’ home. The grandfather works in Prophetstown “from 6:00 to 2:30;” Grandmother is not employed.
All this time, Boy-16 stared straight ahead with downcast eyes. He never looked at the bench. Judge McNeal finished by repeating the order of supervision and monitoring and specifics, addressing the defendant. He asked how the boy felt about these terms. “I’m okay with it,” was the reply. Did he understand? Three times Boy-16 answered, “Yes, Your Honor, ” without looking at the man who spoke.
“All right, [Boy-16], we will see you in a week. Take care,” stated Judge McNeal. The Correctional Officer led the lad out of the courtroom. The order of electronic monitoring and constant supervision was served by a law enforcement officer today.
“Thank you, Your Honor,” the boy’s father said. His younger son, Boy-12, is under 24-hour supervision at his home, but does not have electronic monitoring in place.
“The family is cooperating,” stated the Judge.
Tuesday, July 30, at 11:00 a.m., is set for that Boy-12’s pretrial conference.